SCHOOL LAWS 



A SUPPLEMENT TO THE 

SCHOOL LAWS OF INDIANA 

1917 EDITION 



Prepared Under the Direction of 

LINNAEUS N* HINES 

State Superintendent of Public Instruction 



By 

BENJAMIN J. BURRIS 

Assistant 



School Laws 

Enacted by the General Assembly of 1919 

A SUPPLEMENT TO THE 

School Laws of Indiana 

1917 Edition 



Prepared Under the Direction of 

LINNAEUS N. HINES 

State Superintendent of Public Instruction 



By 

BENJAMIN J. BURRIS 

Assistant 



INDIAMAPOLIS: 

WM. B. BURFORD, CONTRACTOR TOR STATE PRINTING AND BINDING 

1919 



.X'< 



May 20, 1919. 

To School Officers and Teachers of Indiana: 

This pamphlet, containing the school laws passed by the 
General Assembly of 1919, together with extracts from re- 
cent court decisions and opinions of the Attorney-General, has 
been prepared as a supplement to the School Laws, 1917 edi- 
tion. These publications contain all the Indiana laws of prac- 
tical use and application, relating to the public schools, the 
higher institutions of learning and other closely affiliated in- 
stitutions. 

This supplement is issued with the hope that it will be 
found both valuable and convenient to school officers and 
teachers. 

Linnaeus N. Hines, 
Superintendent of Public Instruction. 



n. #f f>. 

FEB 3 192Q 



AN ACT entitled, An act concerning elementary schools, schools of cor- 
rectional and benevolent institutions, private and parochial schools, 
providing what shall be taught therein, prescribing penalties for 
any violation of this act, repealing all laws in conflict herewith, 
and declaring an emergency. 

[Acts 1919, p. 50.] 

All Subjects to be Taught in English. 

Section 1. Be it enacted by the General Assembly of the 
State of Indiana, That all subjects and branches taught in 
the elementary schools of the State of Indiana and all ele- 
mentary schools maintained in connection with benevolent or 
correctional institutions, shall be taught in the English lan- 
guage only, and the trustee, and such other officers as may be 
in control, shall have taught in them, orthography, reading, 
writing, arithmetic, geography, English grammar, physiology, 
history of the United States, scientific temperance and good 
behavior, and such other branches of learning as the advance- 
ment of pupils may require, and the trustee, and other officers 
in control direct : Provided, That the German language shall 
not be taught in any of the elementary schools of this state. 
The tuition in such schools shall be without charge. 

German Language Forbidden. 

Sec. 2. All private and parochial schools and all schools 
maintained in connection with the benevolent and correctional 
institutions within this state which instruct pupils who have 
not completed a course of study equivalent to that prescribed 
for the first eight grades of the elementary schools of this 
state, shall be taught in the English language only, and the 
persons or officers in control shall have taught in them such 
branches of learning as the advancement of pupils may re- 
quire, and the persons or officers in control direct : Provided, 
That the German language shall not be taught in any such 
schools within this state. 

Penalty. 

Sec. 3. Any person or persons violating the provisions 
of this act shall, upon conviction in a court of competent 
jurisdiction, be fined in any sum not less than twenty-five 
dollars and not more than one hundred dollars, or be impris- 
oned in the county jail for any period not exceeding six 



months, or both, and each separate day in which such act shall 
be violated shall constitute a separate offense. 

Repeal. 

Sec. 4. All laws and parts of laws in conflict herewith are 
hereby repealed. 

Validity of Act. 

Sec. 5. In case any section or sections of this act shall be 
held to be unconstitutional by the Supreme Court of Indiana 
such decision shall not affect the validity of the remaining 
sections. 

Emergency. 

Sec. 6. Whereas, an emergency exists for the immediate 
taking effect of this act, the same shall be in full force and 
effect from and after its passage. 

Note. — See page 50 for the attorney-general's interpretation of this 
act. 



AN ACT to amend section 2 of an act entitled "An act in relation to 
high school", approved March 9, 1907. 

[Acts 1919, p. 822.] 

Commissioned High Schools — Course of Study. 

Section 1. Be it enacted by the General Asseynbly of the 
State of Indiana, That section 2 of the above entitled act be 
amended to read as follows: Section 2. The following enu- 
merated studies shall be taught in all commissioned high 
schools throughout the state, together with such additional 
studies as any local board of education may elect to have 
taught in its high school: Provided, That such additions 
shall be subject to revision of the state board of education. 
Mathematics: Commercial arithmetic, algebra, geometry. 
History : United States, ancient, medieval or modern. Geog- 
raphy: Commercial or physical. English: Composition, 
rhetoric. Literature: English, American. Language (for- 
eign) : Latin or any modern foreign language except German. 
Science: Biology, physics or chemistry. Civil government: 
General, state. Drawing.- Music. 

Note. — See page 50 for the attorney-general's interpretation of this 
act. 



AN ACT to amend section 1 of an act entitled "An act to amend an act 
entitled 'An act to amend section one (1) of an act entitled "An 
act to classify and regulate the minimum wages of teachers in 
public schools," approved March 2, 1907, approved March 1, 1911'; 
and to amend section two (2) of an act entitled 'An act to classify 
and regulate the minimum wages of teachers in public schools,' ap- 
proved March 2, 1907," approved February 28, 1913. 

[Acts 1919, p. 768.] 

Daily Wages of Teachers — How Fixed. 

Section 1. Be it enacted by the General Assembly of the 
State of Indiana, That section. 1 of the above entitled act be 
amended to read as follows : Section 1. That section one (1) 
of the above entitled act be amended to read as follows : Sec- 
tion 1. That the daily wages of teachers for teaching in the 
public schools of the state shall not be less, in the case of be- 
ginning teachers, than an amount determined by multiplying 
three and one-quarter cents (Sy^c) by the general average 
given such teacher on his highest grade of license at the time 
of contracting. For teachers having had a successful experi- 
ence for one (1) school year of not less than six (6) months, 
the daily wages shall be not less than an amount determined 
by multiplying three and three-quarter cents (3%^ by the 
general average given such teacher on his highest grade of 
license at the time of contracting. For teachers having had 
a successful experience for three (3) or more school years of 
not less than six (6) months each, the daily wages shall be 
not less than an amount determined by multiplying four and 
one-half cents (41/2C) by the general average given such 
teacher on his highest grade of license at the time of con- 
tracting. For teachers having had a successful experience 
of five (5) or more school years of not less than six (6) 
months each, the daily wages shall be not less than an amount 
determined by multiplying five cents (5c) by the general 
average given such teacher on his highest grade of li- 
cense at the time of contracting. All teachers now exempt 
from examination shall be paid, as daily wages for teaching 
in the public schools, not less than an amount determined by 
multiplying four and one-half cents (41/2C) by the general 
average of scholarship and success given such teacher: Pro- 
vided, That the grade of scholarship accounted in each case 
be that given at the teacher's last examination, and that the 

2—16450 



grade of success accounted be that of the teacher's term last 
preceding the date of contracting: and, Provided further, 
That two per cent (2%) shall be added to the teacher's 
general average of scholarship and success for attending the 
county institute the full number of days, and that said two 
per cent (2%) shall be added to the average scholarship of 
beginning teachers. 

Note. — This act and Sec. two, Acts of 1913, p. 104, should be con- 
strued together. Experience alone is not sufficient to entitle a teacher 
to an increase in salary. 



AN ACT concerning accredited normal schools and colleges and the 
training and licensing of teachers and issuing of provisional and 
life certificates and repealing "An act concerning normal schools and 
the training and licensing of teachers", approved March 11, 1907. 

[Acts 1919, p. 753.] 

State Teachers' Training Board — Powers and Duties. 

Section 1. Be it enacted by the General Assembly of the 
State of Indiana, That the State Board of Education, in addi- 
tion to its present powers and duties, shall be and is hereby 
constituted a state teachers' training board, and, as such, is 
authorized and directed to arrange for a regular system of 
normal school instruction throughout the state; to designate 
what schools and what professional departments in schools 
shall be accredited in the state system of normal school in- 
struction ; to fix conditions upon compliance with which pres- 
ent and future schools and departments may become accred- 
ited as a part of such system ; to establish, inspect, pass upon 
and approve, reject, alter, amend or enlarge courses of study 
and teaching in the several accredited normal schools and the 
accredited professional departments in schools of the state; 
and to determine upon credits to be allowed for the work of 
schools and departments, and equivalents, if any, to be ac- 
cepted for such work, or any part thereof. Said board shall 
make no rule, regulation or requirement applying to any 
accredited school or department which shall not under like 
circumstances apply to each and every accredited school and 
department in the state, nor shall any requirement be in ex- 
cess of the requirements of the Indiana State Normal School ; 
it being the purpose and intent of this act that all schools and 



departments for normal instruction and the training of teach- 
ers shall maintain as nearly as possible like standards of ex- 
cellence and efficiency. 

Prescribe Courses of Study — Certificates Recognized by State 
Normal. 

Sec. 2. The state teachers' training board shall have power 
and authority to prescribe courses of study upon completion 
of which graded certificates of work done may be granted by 
any such accredited school, which certificate shall be recog- 
nized by the Indiana State Normal School so far as such cer- 
tificates meet the requirements of said school's course. 

Authority to Approve Courses — Percentage of Credits. 

Sec. 3. That the state teacher's training board be and the 
same is hereby authorized to establish an approved two years' 
course and an approved four years' course for the training of 
teachers in any accredited school or department, maintaining 
a practice teaching department: Provided, That not less than 
one-fifth (1/5) of the number of credits in said courses shall 
be in professional subjects including observation and prac- 
tice teaching. 

Provisional Certificates. 

Sec. 4. That a graduate from any such two years' teachers' 
course shall be granted by the institution in which the course 
is completed, a provisional elementary certificate valid, when 
countersigned by the State Superintendent of Public Instruc- 
tion, for four (4) years thereafter for teaching in any public 
elementary school in the state without examination : Provided, 
That said teachers' course, of which such person is a graduate* 
has been and is approved by the state teachers' training 
board; and that a graduate from any such four (4) years' 
teachers' course shall be granted by the institution, in which 
the course is completed, a provisional high school certificate 
valid for four (4) years thereafter for teaching in any high 
school in the state, without examination, the subjects in the 
approved course in which he has earned two (2) full years' 
credit: Provided, That said teachers' course, of which such 
person is a graduate, has been and is approved by the state 
teachers' training board. 



8 

« 

"Accredited" School or Department. 

Sec. 5. Said state teachers' training board shall grant to 
each school and department accepting the provisions of this 
act and agreeing to be bound by the rules and regulations of 
said board the right to use the word "accredited" as a part 
of the title or name of such school or department, which right 
shall be revoked by said board at any time upon the refusal 
of any such school or department to abide by any rule or regu- 
lation of said board. 

Unlawful Use of Word "Accredited" — Penalty. 

Sec. 6. It shall be unlawful for any school or department, 
for normal instruction and the training of teachers, which 
has not accepted the provisions of this act or whose authority 
under this act has been revoked to use the word "accredited" 
as a part of its name or title or to state that such school or 
department has been accredited. If any officer, employee, 
agent, owner, or part owner, or instructor or teacher in any 
school or department for normal instruction and the training 
of teachers which has not been accredited as provided herein 
or whose authority hereunder has been revoked, as herein 
provided, shall use the word "accredited" as a part of the 
name or title of such school or department, or shall publish, 
advertise, announce or say that such school or department is 
accredited, upon conviction of the same, he shall be fined in 
any sum of not more than five hundred dollars ($500). 

Provisional Special or Supervisor's Certificate. 

Sec. 7. That a graduate from any such two years' teach- 
ers' course, having pursued special teaching or supervisory 
courses therein, in music, drawing, penmanship, manual train- 
ing, physical culture, domestic science, agriculture, kindergar- 
tening or such other studies as are required to be taught by 
special teachers or supervisors, be granted by the institution, 
in which said course or courses are completed, a provisional 
special or supervisor's certificate in such subject or subjects 
valid for four (4) years thereafter for teaching in any public 
elementary or high school in the state without examination : 
Provided, That the special or supervisor's course, of which 
such person is a graduate, has been approved by the state 
teacher's training board. 



9 

Life Certificate — To Whom Issued. 

Sec. 8. That it shall be the duty of the state teachers' 
training board to issue without examination to every holder 
of a state elementary provisional certificate, 'issued under the 
provisions of this act, a life certificate of like force and effect 
upon satisfactory evidence that the holder thereof has com- 
pleted at least two (2) years of successful teaching in the 
public elementary schools within the life of said provisional 
certificate; and to issue without examination a life state high 
school certificate to the holder of a high school provisional 
certificate, issued under the provisions of this act, for teaching 
in any high school in the state the subjects in which he has 
earned two (2) full years of credit, upon satisfactory evi- 
dence that the holder thereof has completed at least two (2) 
years of successful experience in high school teaching in said 
subjects. 

Power to Revoke Certificate. 

Sec. 9. That the state teacher's training board shall have 
power and authority to revoke any certificate issued under the 
provisions of this act, upon satisfactory evidence that the 
holder thereof is guilty of immorality, incompetency, neglect 
of duty or for the promulgation of any tenet or doctrine in 
conflict with the ideals and principles of our government. 

Fee for Life Certificate. 

Sec. 10. That each applicant, on receiving a life certificate 
under the provisions of this act, shall pay to the state teach- 
ers' training board a fee of five [dollars] ($5), which amount 
shall be paid by the board to the state treasurer and applied 
toward defraying the necessary expense incurred in carrying 
out the provisions of this act. Any unexpended balance on 
the first day of January of each year shall be paid into the 
state teachers' pension fund. 

Inspection and Supervision of Teachers' Training Courses. 

Sec. 11. That the State Superintendent of Public Instruc- 
tion, with the approval of the state teachers' training board, 
may appoint a suitable person to inspect and supervise said 
teachers' training courses and professional courses in said 
accredited schools and departments, under the direction of 
the state superintendent of public instruction and the state 



10 

teachers' training board. The salary and term of office of 

such person shall be fixed by the state teachers' training 

board and he shall be removable only by said board. 

• 
Classification of Graduates. 

Sec. 12. That the state teachers' training board be, and 
the same is hereby authorized to make proper classification 
of the graduates of the two year and four year teachers' 
training courses provided for in this act, for the purpose of 
ascertaining the minimum wage to which such graduates are 
entitled. 

Life Certificates for Teachers Now in Service — Qualifications. 

Sec. 13. That teachers now in service, who meet the edu- 
cational qualifications of the approved two and four year 
courses provided for in this act, and who have had at least 
fifty months of successful teaching experience, may be granted 
a life certificate for teaching under such rules and regulations 
as the state teachers' training board may see fit to adopt. 

Record of Approved Institutions in Other States. 

Sec. 14. That the state teachers' training board shall 
keep a record of approved institutions in other states main- 
taining a course for the training of teachers equivalent to 
the two and four year courses provided for in this act. 

Board May Countersign Life Certificates of Foreign Teachers. 

Sec. 15. That the state teachers' training board may coun- 
tersign life state certificates of teachers of other states when 
the holders of such certificates shall have furnished satis- 
factory evidence of good moral character and experience and 
success in teaching, as is required for life state certificates 
under the provisions of this act and when so countersigned 
such certificates shall be valid in any of the schools of this 
state: Provided, That the lequirements for obtaining the 
life certificates of other states shall be equivalent to the re- 
quirements for the same certificates in this state. 

Repeal. 

Sec. 16. That an act entitled "An act concerning normal 
schools and the training and licensing of teachers", approved 
March 11, 1907, be and the same is hereby repealed. 



11 

AN ACT to amend sections 1, 2, 6 and 9 and to repeal sections 4 and 11 
of an act entitled "An act providing for regulating the transfer and 
transportation of children to schools," law without signature of the 
governor (1917). 

[Acts 1919, p. 66.] 

Schools Abandoned — Transportation. 

Section 1. Be it enacted by the General Assembly of the 
State of Indiana, That section 1 of the above entitled act be 
amended to read as follows: Section 1. That in all town- 
ships of this state where a school has been abandoned within 
the last twenty (20) years, or may hereafter be abandoned, 
the township trustees shall provide and maintain means of 
transportation for all pupils of such abandoned school dis- 
tricts who live a greater distance than one and one-half (l 1 /^) 
miles from the schools to which they are assigned : Provided, 
That any township trustee may provide means of transporta- 
tion for any pupils in any school district if the conditions in 
his township, in the judgment of the township trustee, war- 
rants the same. 

Transfer. 

Sec. 2. That section 2 of the above entitled act be amended 
to read as follows : Section 2. When pupils live within a dis- 
tance of one (1) mile nearer to another school of the same 
or different township in the same or different county, than 
the school to which they are assigned, it shall be the duty of 
the township trustee, upon application from the parent, guar- 
dian or custodian of such pupils, to issue a transfer to the 
nearer school. 

Drivers — Qualifications. 

Sec. 8. That section 6 of the above entitled act be amended 
to read as follows: Section 6. It shall be the duty of town- 
ship trustees to hire drivers for such wagons or conveyances 
who shall furnish safe teams except when automobiles are 
used. In all cases such drivers shall be eighteen (18) years 
of age or older and of good moral character, and must be 
experienced in the handling of teams or the driving of auto- 
mobiles, depending on which is used. 



12 

Expense. 

Sec. 4. That section 9 of the above entitled act be amended 
to read as follows: Section 9. The expense of the trans- 
portation of school children as necessitated by the provisions 
of this act shall be paid out of the special school fund and the 
expense of transfers shall be paid out of special school fund 
or the township fund or the tuition fund as now provided 
by law. 

Repeal. 

Sec. 5. That sections 4 and 11 of the above entitled act be 
and the same are hereby repealed. 



AN ACT concerning the salaries of the county superintendents of schools 

of this state. 

[Acts of 1919, p. 445.] 

Salaries of County Superintendents. 

Section 1. Be it .enacted by the General Assembly of the 
State of Indiana, That the board of county commissioners 
may, upon the petition of four hundred (400) resident free- 
holders of the county not more than one hundred of whom 
shall be residents of the same township and a majority of 
the township trustees of a county, allow an addition to the 
salary of the county superintendent of schools therein, in such 
amount as in the judgment of the majority of the petitioning 
township trustees the conditions in such county and the work 
required of such superintendent therein, may justify, not ex- 
ceeding one thousand dollars ($1,000) per year, payable to 
such county superintendent of schools in monthly installments 
out of the treasury of the county upon a warrant signed by 
the county auditor, and the county council shall appropriate, 
and the board of county commissioners shall allow, the funds 
necessary to make such payments. 

Act Supplemental. 

Sec. 2. This act shall be construed as supplemental to and 
not repealing an act entitled "An act concerning the salaries 
of the county superintendents of schools in counties contain- 
ing more than seventy-seven thousand (77,000) inhabitants 
as shown by the last preceding United States census and de- 
claring an emergency", approved February 28, 1913. 



13 

AN ACT to prevent accident [s] on public highways, and providing pen- 
alties for the violation thereof. 

[Acts of 1919, p. 591.] 

School Hack — Unlawful to Pass While Unloading - — Penalty. 

Section 1. Be it enacted by the General Assembly of the 
State of Indiana, It shall be unlawful for any person driving 
any automobile, motor truck or other motor vehicle, upon the 
public highway, on overtaking or meeting any school hack 
engaged in transporting school children to or from school, to 
pass such school hack while the same is being loaded or un- 
loaded with such school children. Any person violating the 
provisions of this section shall on conviction thereof be fined 
in any sum not to exceed twenty-five dollars. 



AN ACT to amend section 1 of an act entitled "An act to amend section' 
one (1) of an act entitled 'An act to provide for the election of 
school trustees in cities and incorporated towns, prescribing their 
terms of office and their powers and duties in relation thereto, and 
repealing all laws in conflict therewith', approved March 6, 1905," 
approved February 27, 1915. 

[Acts of 1919, p. 801.] 

Election of School Trustees in Cities or Incorporated Towns — 
Term of Office. 

Section 1. Be it enacted by the General Assembly of the 
State of Indiana,, That section 1 of the above entitled act be 
amended to read as follows: Section 1. That the common 
council of each city and the board of trustees of each incor- 
porated town of this state shall at a regular meeting of such 
common council or board of trustees, after the incorporation 
of such city or town elect three (3) school trustees, one of 
whom may be a woman, who shall hold their offices one (1), 
two (2) and three (3) years, respectively, from and after 
the first day of the next succeeding August, and not more 
than two (2) of whom shall be adherents of the same political 
party. The term of each of said trustees shall be determined 
by lot at the time of such election by such common council 
or board of trustees, and annually thereafter the common 
councils of each city and the board of trustees of each incor- 
porated town, at their regular meetings in the month of June, 
shall elect one (1) school trustee, who shall hold his office for 

3—16450 



14 

three (3) years from the first day of the next succeeding Au- 
gust. Such trustees shall constitute the school board of the 
city or town, and before entering upon the duties of their 
offices they shall take an oath faithfully to discharge the duties 
of the same. They shall meet within five (5) days after the 
first day of August of each year and organize by electing one 
(1) of their number president, one (1) secretary and one (1) 
treasurer. The treasurer before entering upon the duties of 
his office shall execute a bond to the acceptance of the county 
auditor in a sum equal to the amount of money which may 
come into his hands at any one time during the year by virtue 
of his office. Provided, That in case of a newly incorporated 
city or town such trustees shall mee twithin five (5) days 
of their election and organize by electing the officers and 
giving the bonds as herein provided, which officers and bonds 
shall be continued until the first day of August next succeed- 
ing such organization. All vacancies that may occur in said 
board of school trustees shall be filled by the common council 
or board of trustees of the town, but such election to fill a 
vacancy shall only be for the unexpired term. The board of 
school trustees shall within five (5) days after the first day 
of August of each year reorganize their boards and the treas- 
urer thereof shall execute a bond for the ensuing year. Said 
trustees shall receive for their services such compensation as 
the common council of the city or the board of trustees of the 
town may deem just, which compensation shall be paid from 
the special school revenue of the city or town. 



AN ACT to amend section 10 of an act entitled "An act pi'oviding for 
the government of the state university, the management of its funds, 
and for the disposition of the lands thereof," approved June 17, 
1852. 

[Acts of 1919, p. 735.] 

State University — Free Contingent Fees of Students. 

Section 1. Be it enacted by the General Assembly of the 
State of bidiana, That section 10 of the above entitled act be 
amended to read as follows: Section 10. The trustees shall 
provide for the payment of all contingent fees free of charge, 
of two (2) students from each county in this state, to be 
selected by the county superintendent of schools upon a basis 



15 

of scholarship attained during the entire course of high school 
training in the high schools of said county. First preference 
shall be given to the student having the highest general av- 
erage over his or her entire high school course as given in the 
high schools of said county and all succeeding preferences 
shall be given according to the comparative rank of such 
general average. Provided, however, That none of the provi- 
sions of this act shall apply to other than first year academic 
students. 



AN ACT to provide for the organization and maintenance of junior high 
schools, for the courses of study and the licensing of teachers therein. 

[Acts of 1919, p. 440.] 

Junior or Intermediate High School Courses. 

Section 1. Be it enacted by the General Assembly of the 
State of Indiana, That boards of school trustees, board of 
school commissioners, or township trustees, having in charge 
commissioned high schools, may prescribe junior high school 
or intermediate school courses of two or three years in length, 
and admit thereto pupils that have completed the sixth year 
of elementary school work. The first two years of such inter- 
mediate school course may include instruction in the subjects 
generally taught in the seventh and eighth grades of the ele- 
mentary schools, and may include such other studies, including 
secondary, pre-vocational and industrial subjects, as such 
boards of school trustees, boards of school commissioners, or 
township trustees may prescribe, and the State Board of Edu- 
cation approve. 

Teachers Employed — License. 

Sec. 2. Teachers employed in such junior high schools or 
intermediate schools shall be required to hold licenses only in 
the subjects they are required to teach and also in English 
and the Science of Education. 

Textbooks — Courses of Study. 

Sec. 3. It shall be the duty of the State Board of School 
Book Commissioners to adopt textbooks, to publish suggestive 
courses of study, and to devise report forms suitable to such 
junior high schools or intermediate schools. 



16 

Transfers and Admissions. 

Sec. 4. Transfers from other school corporations and ad- 
missions from other school districts in the same corporation 
to the corporation or school district maintaining such junior 
high school or intermediate school shall be granted by the 
board of school trustees, board of school commissioners or 
township trustee, concerned, on request, and in conformity 
with existing transfer laws. 



AN ACT to amend section 1 of an act entitled "An act permitting in- 
corporated towns to assume indebtedness of its school town, pro- 
viding for the payment of such indebtedness and declaring an emer- 
gency", approved February 23, 1917. 

[Acts of 1919, p. 828.] 

Town Trustee May Assume Indebtedness of School Town — 
Provisions. 

Section 1. Be it enacted by the General Assembly of the 
State of Indiana, That the trustees of any incorporated town, 
the inhabitants of which do not exceed two thousand (2,000), 
as shown by the last preceding United States census, may 
assume on behalf of such town any indebtedness of its corre- 
sponding school town, not exceeding five thousand dollars 
($5,000), for the purpose of placing the school property of 
such school town in a status to be transferred to the school 
township of the township in whfch such school town is lo- 
cated, as provided by law: Provided, Such assumption will 
relieve the school town of all indebtedness: and Provided, 
further, That the school township trustee of the township in 
which such town is situated shall undertake and agree upon 
the transfer to the school township of such school property 
to erect a convenient township central school building of suf- 
ficient capacity to comfortably serve the school needs of such 
school town and school township: Provided, however, That 
the board of trustees of any incorporated town in this state, 
the inhabitants of which do not exceed two thousand (2,000) 
as shown by the last preceding United States census, and hav- 
ing a school indebtedness of seventeen thousand dollars ($17,- 
000) or more, may, on behalf of such civil town, assume 
any portion of the indebtedness of any such corresponding 
school town not exceeding in the aggregate two-thirds (2/3) 



17 

of the total amount of such indebtedness : Provided, That 
such assumption of indebtedness by such civil town shall place 
such corresponding school town in a condition to continue 
the schools of such town. 



AN ACT providing for the transfer of pupils from a high school of one 
school corporation to a high scjiool of another school corporation, 
and providing for payment of tuition. 

[Acts of 1919, p. 140.] 

High School Transfers. 

Section 1. Be it enacted by the General Assembly of the 
State of Indiana, "That whenever any pupil, who is a resi- 
dent of any city or town of this state, resides within two 
miles of a high school in an adjoining city or town, and more 
than four miles from the nearest high school of the city or 
town in which such pupil resides, then, upon application made 
by the parent, guardian or custodian of such pupil, to the 
board of school trustees of the city or town in which such 
pupil resides, it shall be the mandatory duty of such board 
of school trustees to grant an order of transfer to such pupil 
to the nearest high school in such adjoining city or town, 
which shall entitle such pupil to attend said high school. The 
tuition for such pupil shall be paid in the manner and in 
such sum as is provided by the law governing other transfers 
from one high school to another." 



AN ACT to amend section 3 of an act entitled "An act to enable counties 
to receive donations of buildings and grounds for high-school pur- 
poses, and to provide for the maintenance of the same, and declar- 
ing an emergency". Law without signature of Governor (1889). 

[Acts of 1919, p. 715.] 

County High School Buildings — Trustees to Levy Tax. 

Section 1. Be it enacted by the General Assembly of the 
State of Indiana, That section 3 of the above entitled act be 
amended to read as follows : Section 3. It shall be the duty 
of such board of trustees : First. To levy annually a tax for 
the support of said county school, on the taxable property of 
all townships, towns and cities of such county in which no 



18 

commissioned high school is maintained by the school cor- 
poration thereof which tax shall be assessed and collected as 
the taxes for state and county revenues are assessed and 
collected : Provided, That no such tax levy in any one ( 1 ) 
year, shall exceed the sum of fifteen cents (15c) on each one 
hundred dollars ($100) of the taxable property in their re- 
spective counties. Second. To take control of all property 
belonging to said school and to make all necessary improve- 
ments and repairs to the same to organize such school and 
adopt and enforce rules for the government of the same, pur- 
chase apparatus and general supplies, employ and pay teach- 
ers, appoint superintendent, establish a course of study in 
compliance with the laws of the state relative to courses of 
study and the rules and regulations of the State Board of 
Education issued in reference thereto; subject to the condi- 
tions hereinafter prescribed, to admit to such county school 
or to furnish by transfer, high school advantages without cost 
of tuition to all pupils who are prepared to enter the high 
school department of the common schools, and who are resi- 
dents of any township, town or city subject to taxation for 
the maintenance and support of such county school; subject 
to the conditions hereinafter prescribed, to fix terms and rules 
for admitting pupils not resident of their respective counties, 
and to do all other necessary acts for the proper management 
of said school. 

All laws of the state now or hereafter in force shall apply 
with reference to the transfer of children of school age for 
school purposes, and the board of trustees of such county 
school shall possess all the powers and be subject to all the 
provisions of law now in force or hereafter enacted relative 
to the transfer of school children. 



AN ACT providing for the consolidation of township schools with the 
schools of incorporated towns in the township in certain cases. 

[Acts of 1919, p. 830.] 

Consolidation of Town and Township Schools. 

Section 1. Be it enacted by the General Assembly of the 
State of Indiana, That any incorporated town in this state 
having a population of not to exceed two thousand (2,000) as 



19 

shown by the last preceding United States census, by and 
through its board of school trustees, and the township wherein 
such town is situated, in all cases where all the township 
schools outside of such incorporated town are consolidated, 
and wherein such township has and maintains a consolidated 
township graded and high school, and where the town and 
township existing law maintain a joint graded and high school 
within such incorporated town, by and through the trustees 
of such township, are hereby authorized and empowered to 
contract with each other, on behalf of such town and such 
township, relative to all matters pertaining to the use of such 
joint school located within such incorporated town by all of 
the inhabitants of such township, including the inhabitants 
of such town, and relative to all matters pertaining to the 
joint care, custody, repairs, management, maintenance, sup- 
port, conduct and control of such joint common or grade 
schools and high schools located within the corporate limits of 
such town, and in any such contract it may be provided that 
the expense of such joint care, custody, repairs, management, 
maintenance, support, conduct and control of such joint grade 
and high school which is located within such incorporated 
town, shall be borne pro rata by such incorporated 
town and by such township, respectively, in such proportion 
as the assessed valuation of the taxable property of such 
township, outside of such town, and which is within said 
joint township and town graded and high school district, bears 
to the assessed valuation of the taxable property within such 
town, or that each such school corporation shall assume one- 
half (1/2) of the necessary expense of operating and main- 
taining such school during any school year and shall make a 
levy on the taxable property therein sufficient to produce such 
amount. 

Act Supplemental. 

Sec. 2. This act shall not be construed to affect or repeal 
any existing law but shall be deemed as supplemental thereto. 



20 

AN ACT to amend section 6 of an act entitled "An act relating to con- 
gressional township school lands and the funds arising therefrom, 
in cases where townships are divided by county lines; providing for 
distribution of the proceeds thereof, prescribing the duties of county 
auditors and other officers relating thereto, fixing compensation of 
auditors, and other matters connected with the subject-matter of 
the act, and declaring an emergency," approved March 12, 1877. 

[Acts of 1919, p. 716.] 

Congressional Township School Lands. 

Section 1. Be it enacted by the General Assembly of the 
State of Indiana, That section 6 of the above entitled act be 
amended: to read as follows: Section 6. The process con- 
templated by this act shall continue so long as any lands re- 
main unsold, or any securities are uncollected, and until each 
county shall have become possessed of its proper share of such 
fnud in money, when the accounts here required to be kept 
shall be closed and reported as aforesaid: Provided, That in 
the year 1921, and every ten (10) years thereafter, there shall 
be a readjustment of said fund belonging to each congressional 
township, upon the basis of the number of school children 
enumerated in each part of such congressional township as 
hereinbefore provided, and the Superintendent of Public In- 
struction shall reckon and prepare the required amounts due 
each portion of each divided township, and, upon his official 
notice to the debtor county, the auditor of such county having 
a surplus of such fund, according to such basis shall pay to 
the treasurer of the county interested the amount of money 
due said county upon the per capita basis then existing, as 
reckoned by the Superintendent of Public Instruction. 



AN ACT providing for appeals from certain decisions of the State Board 
of Health of Indiana and prescribing the procedure therefor. 

[Acts of 1919, p. 471.] 

Appeals from State Board of Health. 

Section 1. Be it enacted by the General Assembly of the 
State of Indiana, That an appeal shall hereafter lie from all 
decisions of the State Board of Health of Indiana in any mat- 
ter involving the building, changing or condemnation of any 
school building in the State of Indiana. Said appeal may be 
taken by any township trustee, board of school trustees or 



21 

board of school commissioners, or by any members of any 
township advisory board, or by ten (10) or more residents 
and taxpayers of any township, town or city where said mat- 
ter involving the building, changing or condemnation of such 
school building occurred ; and said appeal may be taken to 
any circuit or superior court of the county where such town- 
ship is located and final appeal therefrom may be had to any 
court of last resort in the State of Indiana. Said appeal 
shall be taken in the name or names of the person or persons 
taking same, or in the name of the officer taking same. Said 
appeal shall be perfected by filing in the office of the clerk 
of the court to which said appeal is taken, within thirty (30) 
days from the date of final decision by the state board of 
health so ordering such changing or condemnation or building 
of such school building, a complaint or petition setting forth 
the facts complained of. The state board of health of Indiana 
and in the event said appeal is taken by the residents and 
taxpayers, as herein provided, or by a member, or members 
of the township advisory board, the township trustee, board 
of school commissioners, or board of school trustees shall be 
named as parties defendant to such cause or action. Notice 
of the filing and pendency of such appeal shall be made by 
serving a summons, regularly issued out of said court where 
same is pending, on the secretary of the state board of health 
of Indiana, at least ten (10) days prior to the hearing of 
said cause, and thereafter said appeal shall be tried as other 
civil causes are tried in the State of Indiana. Provided, That 
if appeal be taken by private citizens, bond approved by the 
court shall be given to cover costs and reasonable attorney's 
fees, if such appeal shall not be sustained, 



AN ACT concerning the establishment and maintenance of kindergarten 

schools. 

[Acts of 1919, p. 769.] 

Establishment of Free Kindergartens. 

Section 1. Be it enacted by the General Assembly of the 
State of Indiana, That the board of school trustees or the 
board of school commissioners of any incorporated town or 
city may establish and maintain, in connection with the other 
schools of such town or city, a free kindergarten or kinder- 



22 

gartens for the instruction of children between the ages of 
four and six years, the expense of which shall be paid for in 
the same manner as other grades and departments now estab- 
lished in the, common schools of such school corporation. 

Tax Levy — Rate. 

Sec. 2. For the purpose of establishing and maintaining 
any such free kindergarten, the proper school authorities may, 
in fixing the annual levy of taxes for school purposes, include 
therein not to exceed two cents on the one hundred dollars of 
taxable property located within any such school corporation; 
but nothing herein contained shall prevent such school authori- 
ties from providing for such free kindergarten from the same 
revenue and in the same manner as other grades and depart- 
ments in the common schools of such school corporations are 
provided for. 

Use of Funds to Assist Approved Associations. 

Sec. 3. Any such school authorities may, in their discretion, 
apply the fund provided for in section 2, of this act, or such 
portion thereof as they deem advisable, to the aid, mainte- 
nance and support of free kindergarten schools conducted by 
any association incorporated for that purpose: Provided, 
however, That such association in any town or city shall have 
the approval of the board of school trustees or board of school 
commissioners of such town or city. 



AN ACT to amend section 1 of an act entitled "An act providing for 
the sale of school property, and declaring an emergency", approved 
March 12, 1907. 

[Acts of 1919, p. 695.] 

Sale of School Property — Trustee to Execute Deed. 

Section 1. Be it enacted by the General Assembly of the 
State of Indiana, That section 1 of the above entitled act be 
amended to read as follows: Section 1. That in all cases 
where school properties have not been used and occupied for 
school purposes for a period of two (2) years, or are unnec- 
essary by reason of the construction of other schoolhouses, and 
the said school property shall belong unconditionally to the 
township, the proper trustee may, upon petition signed by 
two-thirds (2/3) of the qualified voters of the school district 



23 

wherein said property is situated, sell the same for the highest 
price that can be obtained therefor, but not less than two- 
thirds (2/3) of its appraised value, and upon the payment 
of the purchase money to the township trustee, he shall exe- 
cute to the purchaser a deed of conveyance, -if of real estate, 
and a bill of sale if of building or buildings, which shall be 
sufficient to vest in such purchaser all the title of such town- 
ship thereto: Provided, That if any schoolhouse shall have 
been abandoned and neither used nor occupied for school pur- 
poses for a period of ten (10) years, the proper trustee, by 
and with the consent and approval of the township advisory 
board, may sell such schoolhouse for the highest price that 
can be obtained therefor, but not less than two-thirds (2/3) 
of its appraised value, and upon the payment of the purchase 
money to the township trustee, he shall execute to the pur- 
chaser a deed of conveyance, if of real estate, and a bill of 
sale if of building or buildings, which shall be sufficient to 
vest in such purchaser all the title of such township thereto. 
Any such sale shall be made only after any such property has 
been duly appraised by three disinterested householders of 
the neighborhood, as other property is required to be ap- 
praised, and the publication of notice of the sale thereof for 
three (3) successive weeks in a newspaper of general circu- 
lation printed and published in the township, if any, other- 
wise in such paper printed and published in the township 
nearest thereto, and by posting five (5) notices of such sale 
in the township, three (3) of which shall be in the district 
wherein any such property is situated, at least three weeks 
prior to the date of such sale. The money derived from the 
sale of any such property shall be a part of the special school 
revenue, and shall be duly reported and accounted for by 
such trustee. 



AN ACT permitting incorporated towns not exceeding two thousand in- 
habitants, having a school indebtedness to discontinue school boards, 
and provisions made for transfer of school property to township 
trustees. 

[Acts of 1919, p. 818.] 

Abandonment of Schools in Towns. 

Section 1. Be it enacted by the General Assembly of the 
State of Indiana, That any incorporated town in the state, that 



24 

has a school indebtedness, the population of which town does 
not exceed two thousand as shown by the last preceding gen- 
eral census, may, through its town board of trustees, abandon 
and discontinue its management and control of public schools 
within such incorporated town, and abolish the board of school 
trustees therein, upon an agreement with the township trustee 
of the township in which such town is located to take over the 
school property of such town, in terms as in this act provided. 

Township May Purchase Building and Equipment. 

Sec. 2. That whenever any school town in any township 
desiring to abandon and discontinue its management and con- 
trol of public schools within such incorporated town is in- 
debted in any amount when such abandonment and discon- 
tinuance is proposed, or whenever the corresponding civil 
town or whenever both such corporations are so indebted for 
school purposes it shall be lawful for the township to purchase 
the school building, buildings and equipment at a valuation 
which shall be fixed by the county superintendent, auditor 
and assessor, at an amount not exceeding such indebtedness : 
Provided, Such indebtedness does not exceed one per cent of 
the combined-assessed valuation of the township and town, 
and in case of such purchase such township shall assume such 
indebtedness of such school and civil town and such school 
trustees of said town shall make out and deliver to such town- 
ship trustee a record of such indebtedness, and the page of the 
record where recorded, the date of the bonds or other evi- 
dence of indebtedness assumed, the denominations thereof, 
the rate of interest they bear, when the same become due and 
where payable and when and where the interest thereon is 
payable, and transfer such building, buildings and equipment 
to the township, by making and causing to be made a good 
and sufficient deed, conveying all real estate belonging to such 
school town to the township in which such incorporated town 
is located, and shall transfer all the personal property and 
fixtures belonging to such school town to such township, all 
of which shall be accepted and held by such township trustee 
for the use and purpose of the school township wherein such 
property is located. 

Under Control of Township Trustee. 

Sec. 3. After the requirements set forth in the preceding 
section are complied with, the township trustee shall have 



25 

the full and complete control of all the schools within such 
town, and shall conduct the same as provided by law for the 
other schools of such township. 



AN ACT to amend section 1 of an act entitled "An act to amend section 
two (2) of an act entitled 'An act requiring the establishment and 
maintenance of township high schools, or joint high schools and 
elementary schools, and matters properly connected therewith,' ap- 
proved March 7, 1913," lav/ without signature of Governor (1917) 
and to amend section 3 of an act entitled "An act requiring the 
establishment and maintenance of township high schools, or joint 
high schools and elementary schools, and matters properly connected 
therewith," approved March 7, 1913. 

[Acts of 1919, p. 806.] 

Establishing Township High Schools or Joint High Schools. 

Section 1. Be it enacted by the General Assembly of the 
State of Indiana, That section 1 of the first above entitled act 
be amended to read as follows. Section 1. That section two 
(2) of an act entitled "An act requiring the establishment and 
maintenance of township high schools, or joint high schools 
and elementary schools, and matters properly connected there- 
with," approved March 7, 1913, be and the same is hereby 
amended to read as follows : Section 2. That in each town- 
ship in this state having an assessed valuation of more than 
six hundred thousand dollars ($600,000) of taxable property, 
and wherein there is not now established a high school in such 
township or in any town within such township and where 
there is no high school within three (3) miles of any boun- 
dary line of such township, and wherein for each of the two 
(2) years last passed there have been eight (8) or more grad- 
uates of the township elementary schools residing in such 
township, the township trustee shall establish and maintain 
therein a high school and employ competent teachers therefor : 
Provided, That in townships having an assessed valuation of 
more than twelve hundred and fifty thousand dollars 
($1,250,000) of taxable property, whenever one-third (1/3) 
or more of parents, guardians, heads of families or persons 
living in such township and having charge of children who 
were enumerated for school purposes in said township, at the 
last preceding enumeration, petition the trustee of said town- 
ship to establish and maintain a high school, or joint high 



26 

school and elementary school, said trustee shall establish and 
maintain therein a high school or joint high school and ele- 
mentary school and employ competent teachers therefor, not- 
withstanding there may be an established high school within 
three (3) miles of a boundary line of such township: Pro- 
vided further, That in computing the distance of a boundary 
line of any township from any high school outside of said 
township, as contemplated in this act, said distance shall be 
measured on the shortest direct line from said high school 
building to the boundary line of said township : and Provided 
further, That in all cases where no contract has been awarded 
for the construction of any high school or joint high school 
and elementary school building, in proceedings instituted un- 
der the provisions of the amended section of this act which is 
by this act amended, the procedure as to the filing of the 
original petition or petitions with the township trustee and all 
subsequent proceedings under said amended act shall be re- 
commenced and shall be carried out under the provisions of 
this act and not otherwise. 

Location of Building. 

Sec. 2. That section 3 of the second above entitled act be 
amended to read as follows : Section 3. The location of such 
school shall be determined by the township trustee and he shall 
give public notice of the place so determined upon by him by 
publication in one (1) issue each week for three (3) consecu- 
tive weeks in each of the two (2) leading newspapers repre- 
senting the two (2) political parties casting the largest num- 
ber of votes for Secretary of State at the last preceding gen- 
eral election, if such there be, and by posting at least one (1) 
similar notice in some conspicuous place in each school dis- 
trict in said township and if within twenty (20) days after 
the completion of such notice, one (1) or more petitions, each 
signed by twenty (20) or more parents, guardians, heads of 
families or persons living in such township and having charge 
of children, who were enumerated for school purposes in said 
township, at the last preceding enumeration, for another lo- 
cation other than the one determined upon by said township 
trustee, as set out in his said notice, the matter shall be ap- 
pealed to the county superintendent of schools, who shall de- 
termine upon the location of said school and his decision shall 



27 

be final, and said township trustee shall proceed in the execu- 
tion of the provisions of this act. 

Emergency. 

Sec. 3. Whereas, an emergency exists for the immediate 
taking effect of this act, the same shall be in full force and 
effect from and after its passage. 



AN ACT entitled "An act concerning joint high schools, for cities, towns, 
township or townships in which they are located and providing for 
the purchase, sale, conduct, management and support thereof and 
declaring an emergency. 

• [Acts of 1919, p. 686.] 

Joint City and Township High Schools. 

Section 1. Be it enacted by the General Assembly of the 
State of Indiana, That any incorporated city or town in this 
state, the inhabitants of which do not exceed six thousand 
(6,000) in number as shown by the last preceding United 
States census, having school indebtedness, by and through its 
school trustees, and the township trustee of the township 
wherein any city is situate, are hereby authorized and em- 
powered to contract with each other, on behalf of such city 
and such township, whenever there is no high school within 
such township, except the high school located wholly within 
such incorporated city or town, relative to all matters per- 
taining to the use of such high school by all of the inhabitants 
of such township including the inhabitants of such city or 
town, and relative to all matters pertaining to the sale, or 
purchase of real estate and building or buildings or an interest 
therein, and the joint ownership of the same, and also relative 
to the joint care, custody, repairs, management, maintenance, 
support, conduct and control of such high school located with- 
in the corporate limits of such city, and in any such contract 
it may be provided that the expense of such joint care, cus- 
tody, repairs, management, maintenance, support, conduct and 
control may be borne pro rata by such incorporated city and 
by such township, in such proportion as the number of pupils 
enrolled in such high schools from such township, outside of 
such city, bears to the number of pupils enrolled in such high 
school from within such city or town : Provided, That nothing 



28 

in this act shall apply to nor affect joint high schools built 
and operating under the act of 1911, and that no contracts 
for their maintenance based on the assessed valuation of the 
school towns and townships thereunder shall be altered or 
changed by any of the provisions of this act. The township 
trustee of such township shall be ex-officio a member of the 
board of trustees of such city in the management and control 
of such joint high school, and his vote as a member of such 
board in the control and management of such joint high school 
shall be in such proportion as the number of pupils enrolled 
in such school from the township outside of such city or town 
bears to the number of pupils enrolled in such high school 
from within the corporate limits of such city or town : Pro- 
vided, That before any such township shall buy or sell any 
real estate, building, buildings, or interest therein they shall 
cause the same to be appraised by three (3) reputable citizens 
of the county appointed by the circuit judge wherein said cor- 
porations are situated and said township trustee and the board 
of trustees of such city or town are hereby authorized to buy or 
sell as the case may be at such appraised value, and the cor- 
porations selling shall execute deeds for the interest purchased 
and the corporation buying shall have the right to execute its 
bonds for the purpose of procuring money with which to buy 
any real estate, building, buildings or interest therein, or for 
the purpose of carrying out any of the provisions of this act, 
said bonds to be issued under the laws now in force providing 
for the issuing of bonds by said corporations. This act shall 
not effect [affect] pending litigation. 

Emergency. 

Sec. 2. Whereas an emergency exists this act shall be in 
full force and effect from and after its passage. 



AN ACT providing for the creation of joint high school and elementary 
school districts and prescribing their powers and duties. 

[Acts of 1919, p. 811.] 

Consolidated School Districts — Petitions. 

Section 1. Be it enacted by the General Assembly of the 
State of Indiana, That the trustees of two (2) or more ad- 
jacent townships, one (1) of which townships is maintaining 



29 

a high school, may establish a new school district, consisting 
of such adjacent townships, and maintain therein a joint high 
school or a joint elementary and high school at the joint ex- 
pense of the several townships, whenever in their judgment 
it shall appear necessary for the better accommodation of the 
people of the respective townships. The necessity for the 
creation of a new consolidated school district shall be set forth 
in a petition of the majority of patrons in each township af- 
fected by such school making the request and a copy of such 
petition shall be presented to the trustee of each of the town- 
ships affected. Such trustees shall, at a time to be agreed 
upon by them, not less than ten (10) days nor more than 
thirty (30) days from the time of receiving such petition, 
hold a joint meeting for the purpose of considering such peti- 
tion and determining whether such petition shall be granted. 
In the event that such petition shall be granted, the several 
trustees affected shall enter into a contract declaring the re- 
spective townships a consolidated school district and shall in 
such contract set forth also whether the consolidating town- 
ships shall maintain a joint high school or a joint elementary 
and high school, and in either case the trustees of the town- 
ships comprised in such consolidated school district shall as- 
sume charge and supervision of the high school already estab- 
lished within such district and shall maintain the same in the 
manner hereinafter provided. 

Trustees— Powers and Duties. 

Sec. 2. In any such contract so entered into between the 
trustees of any two (2) or more townships combining to form 
a consolidated school district, such trustees may agree to the 
purchase of grounds, the erection of a building or buildings, 
the making of repairs or [on] present buildings or additions 
thereto and by equipping the same in accordance with exist- 
ing laws governing school townships in such procedure, in- 
cluding the issuing of the notes or bonds of the respective 
townships consolidating and the payment of the same. 

Establishing a Board of Control. 

Sec. 3. A board of control for such school or schools shall 
be established and maintained by such contract, consisting 
of the township trustee of each township included in such 
district and a party to such contract, and such board shall 



30 

have full control and management of such school or schools as 
may be established or maintained by such contract, each mem- 
ber being entitled to an equal vote in such control and manage- 
ment : Provided, That in case of a tie vote on the question of 
management or control of such school or schools then and in 
that event the county superintendent of the county in which 
said school is located shall cast the deciding vote in such 
control or management. 

Board of Control — Powers and Duties. 

Sec. 4. The board of control of such consolidated school 
district shall prepare annually prior to the time for the levy 
of school taxes for any year, an itemized statement of the cost 
of all expenditures for improvements and maintenance of such 
joint high school or joint high school and elementary school 
for the previous year, with an itemized estimate of the cost 
of all proposed improvements, changes, equipment and ex- 
penses incidental thereto for the ensuing year, including any 
notes, bonds or interest thereon falling due and issued under 
any contract made under the provisions of this act, and such 
school officials shall meet and determine the expenditures 
needed and the total amount required for any unpaid obliga- 
tions, improvements or requirements for the ensuing fiscal 
year of such high school or joint high school and elementary 
school. The total amount shall then be apportioned among 
the several townships affected or benefited thereby in propor- 
tion to the last official assessed valuation in each of said town- 
ships in said high school or joint high school and elementary 
school district. Such officials of each [such] townships shall 
pay out of the school funds of the township the amount ap- 
portioned to their respective townships for the maintenance 
of such high school or joint high school and elementary school 
and may issue notes or sell the bonds of their respective town- 
ships for any permanent improvements in such high school or 
joint high school and elementary school, or pay the same out 
of the special school fund in their discretion. The township 
shall assess such sums on the entire property within the town- 
ship. 

Construction of Act. 

Sec. 5. It is the intent of this act that its provisions shall 
be additional to any statutory provisions for the establishment 



31 

and maintenance of high schools or graded schools. This act 
shall not therefore be construed to repeal, in whole or in part, 
any other statute having to do with the establishment, main- 
tenance or support of public high schools, except as herein 
provided. 

Emergency. 

Sec. 6. Whereas an emergency exists for the immediate 
taking effect of this act, the same shall be in full force and 
effect from and after its passage. 



AN ACT to provide for the establishment, maintenance and supervi- 
sion of courses in physical education in the elementary, high schools 
and accredited schools of the state. 

[Acts of 1919, p. 682.] 

Physical Education Courses in Schools. 

Section 1. Be it enacted by the General Assembly of the 
State of Indiana, That the State Board of Education may pre- 
scribe suitable courses of instruction in physical education, in 
accordance with the provisions of this act, for all pupils en- 
rolled in the private, elementary and high schools of the state, 
except pupils who may be excused from such training on ac- 
count of physical disability, such physical disability to be de- 
termined by the health supervisor of the school corporation, 
if there be a health supervisor, or by any reputable physician 
licensed to practice medicine in the state. Such courses of 
instruction in physical training shall be adapted to the ages 
and capabilities of the pupils in the several grades of the ele- 
mentary and high schools and shall include physical exercises, 
calisthenics, formation drills, games and athletics and such 
other features and details as, in the discretion of the State 
Board of Education, may aid in carrying out the spirit and 
purpose of this act. 

Aims and Purposes. 

Sec. 2. The aims and purposes of the course of physical 
education established under the provisions of this act shall be 
as follows : 

(1) To develop physical and organic vigor; provide neuro- 
muscular training; promote bodily and mental poise; correct 



32 

and prevent postural and bodily defect; and to develop a cor- 
rect carriage and mental and physical alertness. 

(2) To secure the more advanced forms of co-ordination, 
strength and endurance, and to promote the more desirable 
moral and social qualities, such as an appreciation of the value 
of co-operation under leadership, self-subordination, obedi- 
ence to authority, higher ideals, courage, self-reliance, disci- 
plined initiative, self-control and a wholesome and robust in- 
terest in recreational activities. 

(3) To promote a hygienic school and home life and to se- 
cure scientific supervision of the sanitation of school build- 
ings, playgrounds and athletic fields and the necessary equip- 
ment thereof. 

(4) Such course may likewise include suitable instruction in 
personal and community health and safety ; the privileges and 
responsibilities of citizenship as they are related to community 
and national welfare the production of the highest type of 
patriotic citizenship; and domestic hygiene and first aid. 

Duty of Township Trustee — Required Attendance — Credits. 

Sec. 3. It shall be the duty of the township trustee, board 
of school trustees or board of school commissioners of each 
school corporation in which courses in physical education are 
established in accordance with the provisions of this act to 
provide for, install and enforce such courses of physical edu- 
cation as may be prescribed by the state board of education 
in accordance with the provisions of this act, and to require 
that such physical education be given in the schools under 
their jurisdiction and control. All pupils enrolled in the ele- 
mentary schools of the state, except pupils excused therefrom 
in accordance with the provisions of this act, shall be required 
to attend upon and receive instruction in such prescribed 
courses of physical education during periods which shall av- 
erage not less than fifteen minutes in each school day; and 
all pupils enrolled in the high schools of the state, except pu- 
pils excused therefrom in accordance with the provisions of 
this act, shall be required to attend upon and receive instruc- 
tion in such prescribed courses of physical education for at 
least two hours each week that school is in session. Begin- 
ning with the school year 1919-1920, the successful completion 
of a course in physical education, as prescribed by the State 
Board of Education, in accordance with the provisions of this 



33 

act, including the minimum number of hours of physical train- 
ing prescribed, shall entitle any pupil who has completed such 
course to a credit or credits in promotion or graduation from 
the school attended by any such pupil. The conduct and at- 
tainment in physical education of the pupils of the several 
grades in the elementary and high schools, taking such course, 
shall be marked as in other courses or subjects, and the stand- 
ing of the pupil in connection therewith shall form a part of 
the requirements for promotion or graduation. 

EmpIo3 r ment of Teachers of Physical Education— Salary. 

Sec. 4. When the number of pupils in any school corpora- 
tion is sufficient, such school corporation, through its properly 
constituted school authorities, may employ one or more com- 
petent teachers of physical education. The school authorities 
of two or more contiguous school corporations may, by written 
agreement, join in the employment of a competent teacher or' 
teachers of physical education for the schools of such con- 
tiguous school corporations, and the salary of such teacher 
or teachers shall be apportioned on the basis of the assessed 
valuation of the taxable property of the joining school cor- 
porations. It is hereby made the duty of the State Board of 
Education to determine when courses in physical education 
shall be established and where teachers of physical education 
shall be employed, under the provision of this section, in any 
school corporation or in contiguous school corporations. 

Accredited Schools and Departments. 

Sec. 5. The State Board of Education, in arranging for a 
regular system of normal school instruction throughout the 
state, and in designating what schools and professional de- 
partments therein shall be accredited in the state system of 
normal school instruction, may prescribe and require that no 
public or private educational institution of the state shall be 
admitted to the "accredited" class of the state system of nor- 
mal school instruction unless and until such educational in- 
stitutions shall prescribe a suitable course in physical educa- 
tion, to be approved by the board, and shall make the com- 
pletion of such course a requirement for graduation : Pro- 
vided, That the provisions of this section shall not apply to 
any educational institution admitted to the "accredited" class 
prior to the passage of this act, but no such educational insti- 



34 

tution shall be continued in the "accredited" class after the 
beginning of the school year 1919-1920 unless such institution 
shall in all respects comply with the provisions of this section. 

Rules and Regulations — -Special Assistants. 

Sec. 6. It shall be the duty of the State Superintendent of 
Public Instruction with the advice of the State Board of Edu- 
cation to adopt and promulgate such rules and regulations and 
to employ such special assistants from time to time as may be 
necessary to secure the establishment and maintenance of 
courses in physical education in the elementary and high 
schools and accredited schools of the state in accordance with 
the provisions of this act. 

Qualifications and Examinations of Teachers. 

Sec. 7. The State Board of Education shall from time to 
time prescribe necessary qualifications and conduct examina- 
tions of teachers in physical training. 

When Established. 

Sec. 8. All courses of physical education contemplated in 
this act shall be established at the beginning of the school 
year 1919-1920 and shall thereafter be maintained. 

Appropriation. 

Sec. 9. The sum of five hundred dollars or such part there- 
of as may be needed is hereby appropriated annually for the 
enforcement of the provisions of this act. 

Application of Act. 

Sec. 10. The provisions of this act shall apply only to 
cities and incorporated towns of five thousand (5,000) or 
more population, according to the last preceding United States 
census. • 



AN ACT concerning the success grades of certain beginning teachers 
who resigned to enter the naval or military service of the United 
States during the late war. 

[Acts of 1919, p. 591.] 

Success Grade — United States Service Counted. 

Section 1. Be it enacted by the General Asse?nbly of the 
State of Indiana, That in all cases when any teacher without 



35 

previous experience began teaching at any time after the 
United States entered the late war and resigned to enter any 
branch of the naval or military service of the United States 
before having completed the necessary six months of teaching 
as now provided by law to secure a success grade, the time so 
served in the naval or military service of the United States 
shall be counted as teaching experience in awarding success 
grades and the salaries of such teachers shall be computed 
accordingly. 



AN ACT for the reimbursement of school townships whose school prop- 
erty has been or shall be annexed to any city or incorporated town. 

[Acts of 1919, p. 463.] 

Reimbursement of School Townships. 

Section 1. Be it enacted by the General Assembly of the 
State m of Indiana, That in all cases where any city or incor- 
porated town of this state shall hereafter annex any territory, 
or where any town shall be hereafter incorporated in which 
territory so annexed or incorporated there shall be real estate 
of any school township held by it for school purposes, and 
such school township shall, at the date of annexation, be in- 
debted either for the purchase of said real estate or for build- 
ings constructed thereon, it shall be and is hereby made the 
duty of the common school corporation of such city or incor- 
porated town to pay such indebtedness, and such city or town 
school corporation is hereby made liable therefor. Until such 
city or town school corporation shall have paid such indebted- 
ness, it shall not be entitled to a deed for such real estate, and 
to the extent such indebtedness shall be paid by such school 
township, such school township shall be entitled to recover 
from said city or town school corporation the amount so paid 
with interest at the rate of six per cent per annum from the 
date of payment. Upon the payment by such city or town 
school corporation of the full amount of such indebtedness, 
either by reimbursement of said township school corporation 
or by payment direct to said school townships creditor, the 
said city or town school corporation shall be entitled to a deed 
for such real estate as now by law provided. 



36 

Liability of City or Town School Corporations. 

Sec. 2. Whenever any such annexation or incorporation 
has been made prior to the passage of this act, and since Feb- 
ruary 28, 1913, such city or town school corporation shall be 
liable, as above in Section 1 expressed, for any such indebted- 
ness remaining unpaid at the date of the passage of this act 
and for any such indebtedness existing before the passage of 
this act which has, after annexation or incorporation, been 
paid by such township school corporation as fully as such lia- 
bility would exist had the annexation or incorporation been 
made after the taking effect of this act, and such town or city 
school corporation shall not be entitled to a deed for such 
township school real estate until it shall have paid such debt 
and have reimbursed said township school corporation as ex- 
pressed in Section 1 of this act, and upon such payment and 
reimbursement such town or city school corporation shall be 
entitled to a deed for such real estate as now by law provided. 

Emergency. 

Sec. 3. An emergency is hereby declared to exist for the 
immediate taking effect of this act, and, therefore, the same 
shall be in full force and effect from and after its passage. 



AN ACT to amend section one (1) of an act entitled "An act to amend 
sections one (1), two (2) and three (3) of an act entitled 'An act 
to empower the board of school trustees in cities of the second class 
to issue, negotiate and sell bonds of the school city or corporation to 
procure means to erect school buildings in such school city or corpor- 
ation, or to pay for the cost of buildings already erected therein, or 
any other indebtedness of the school city or corporation. Also to 
empower the said trustees to levy and collect special taxes for the 
payment of such bonds, and to provide a sinking fund or other means 
for the payment of such bonds, and providing for the repeal of all 
laws in conflict therewith, and declaring an emergency for the im- 
mediate taking effect of this act.' Approved March 5th, 1907," ap- 
proved March 3, 1909. 

[Acts of 1919, p. 424.] 

School Improvement Bonds — Notice — Sale. 

Section 1. Be it enacted by the General Assembly of the 
State of Indiana, That section 1 of the above entitled act be 
and the same is hereby amended to read as follows : Section 



37 

1. The board of trustees of the school corporation in any 
city of the second class in this state is hereby authorized and 
empowered to issue, negotiate and sell the negotiable bonds 
of such school city or corporation in such sums and denomina- 
tions as such board may deem advisable for school uses and 
purposes, including the purchase of real estate, the repair and 
erection of buildings, and their equipment for school purposes, 
including the cost of lighting, heating and sanitation and the 
payment of any existing indebtedness for any of the purposes 
aforesaid. Such bonds shall be known as "school improve- 
ment bonds" and payable at such places and at such times as 
such board may determine and as may be stated in the bonds 
and shall bear interest not to exceed five (5) per centum per 
annum, payable annually or semi-annually, for which interest 
coupons may be attached to said bonds, and may be negotiated 
and delivered at any market place at not less than their par 
value. Such bonds may be issued from time to time as the 
needs of such school city or corporation shall require: Pro- 
vided, however, That the aggregate amount of all such bonds 
of such school city or corporation, including all prior issues 
outstanding at any one time, shall not exceed two (2) per 
centum on the value of the taxable property within such city 
or corporation as ascertained by the last assessment for state 
and county taxes previous to the incurring of such indebted- 
ness. No bonds shall be issued until the money therefor is 
paid to the treasurer of such board and interest thereon shall 
begin to accrue at the time of delivery thereof. Preparatory 
to offering such bonds for sale, the board of school trustees 
shall give notice for not less than three (3) weeks, of the 
date fixed for the sale of such bonds, together with a descrip- 
tion of such bonds, and of such offer, and invite bids therefor. 
Such notice shall be given by advertisements once each week 
in at least one (1) newspaper published in such school city 
or corporation, the last of which publications shall be made 
at least 'one (1) week before "the date fixed for the sale of 
such bonds, and by such other notice or advertisement as the 
board may make. Said board shall sell such bonds to the 
highest or best bidder, but shall have the right to reject any 
and all bids. 



38 

AN ACT to amend section 1 of an act entitled "An act to authorize the 
school trustees of the several townships, towns and cities to levy a 
tax for school purposes, and repealing all laws in conflict therewith," 
approved March 9, 1903. 

[Acts of 1919, p. 99.] 

Supplementary Tuition Fund — Tax Levy. 

Section 1. Be it enacted by the General Assembly of the 
State of Indiana, That section one of the above entitled act be 
amended to read as follows, to wit: Section 1. The school 
trustees of the several townships, towns and cities shall have 
the power to levy annually a tax of not to exceed seventy-five 
cents on each hundred dollars of taxable property and twenty- 
five cents on each taxable poll, which tax shall be assessed 
and collected as the taxes of the state and county revenues are 
assessed and collected, and the revenues arising from such 
tax levy shall constitute a supplementary tuition fund, to ex- 
tend the terms of school in said townships, towns and cities 
after the tuition fund apportioned to such townships, towns 
and cities from the state tuition revenues shall be exhausted, 
provided that such school trustees are hereby empowered to 
borrow money, for a period not to exceed one year, in antici- 
pation of the above tax levy, but not in excess of such levy, 
for the purpose of paying the salaries of teachers of such 
schools. 



AN ACT to amend section 1 of an act entitled "An act authorizing school 
townships and the corresponding civil townships to borrow money 
and issue bonds to purchase school grounds and erect school houses 
in certain cases," law without the signature of the governor (1917). 

[Acts of 1919, p. 94.] 

School Buildings — School and Civil Township Bond Limit. 

Section 1. Be it enacted by the General Assembly of the 
State of Indiana, That section 1 of the above entitled act be 
amended to read as follows: Section 1. That when any 
township in this state in which any school building or school 
buildings shall have been destroyed by fire, lightning or wind- 
storm shall desire to erect a new school building or a new 
central school building to accommodate the pupils of school 
age resident within such township, and provide for their edu- 
cation either in the common or high school branches of study ; 



39 

and when the indebtedness necessarily incurred in erecting 
such school building or school buildings and purchasing the 
necessary grounds will be in excess of the two per cent (2%) 
constitutional debt limit of such school township, the trustee 
and advisory board of such township may proceed, in the 
manner hereafter provided, to borrow the money necessary to 
erect such school building or school buildings and to purchase 
the necessary grounds and to issue the bonds of such school 
township and civil township, respectively, in any amount suf- 
ficient to defray the expense of erecting such school building 
or school buildings and purchasing such school grounds, not 
exceeding in the aggregate the two per cent (2%) constitu- 
tional debt limit of each said school township and said civil 
township. This shall in no way affect pending litigation. 
Nothing in this act contained shall be construed to apply to 
any school building or school buildings hereafter condemned 
by the state board of health as unsanitary, unsafe or unfit 
for use. 



AN ACT to amend sections 2, 3, 4 and 6 of an act entitled "An act pro- 
viding for the levy of an annual tax for a state common school 
tuition fund and providing for its apportionment and distribution, 
and declaring an emergency", approved February 24, 1905; and to 
amend section 1 of an act entitled "An act to amend sections 5 and 8 
of an act entitled 'An act providing for the levy of an annual tax 
for a state common school tuition fund, and providing for its ap- 
portionment and distribution, and declaring an emergency,' ap- 
proved February 24, 1905", approved March 11, 1907. 

[Acts of 1919, p. 839.] 

Common School Tuition Fund — Apportionment to Counties. 

Section 1. Be it enacted by the General Assembly of the 
State of Indiana, That section 2 of the first above entitled act 
be amended to read as follows: Section 2. That the State 
Superintendent of Public Instruction shall, on the days fixed 
by law for his apportionment of the school revenue, in each 
year, add to the sum total of said revenue in readiness in each 
county for apportionment, any amount in the state treasury 
ready for apportionment, together with ninety-one and eight- 
tenths per cent (91.8%) of the sum collected by virtue of the 
levy provided for in section 1 of this act ; and, after said addi- 
tion, the superintendent shall apportion the whole of said sum 



40 

to the several counties of the state, according to the last enu- 
meration of children therein, with due reference to the diminu- 
tion provided for by law. 

Amount to Be Distributed. 

Sec. 2. That section 3 of the first above entitled act be 
amended to read as follows : Section 3. A sum equal to eight 
and two-tenths per cent (8.2%) of the amount collected under 
the levy provided for in section 1 of this act, shall be a fund 
to be distributed as hereinafter provided. 

Insufficient Tuition Revenue — Certificate of Trustees. 

Sec. 3. That section 4 of the first above entitled act be 
amended to read as follows : Section 4. Whenever any trus- 
tee of a township or board of trustees of any school town shall 
ascertain that there is not a sufficient amount of tuition reve- 
nue in his or their hands to enable him or them to maintain 
the public elementary schools therein for the minimum term 
now or hereafter provided by law in such current school year, 
or the public commissioned or certified high school for a mini- 
mum term required of such commissioned or certified high 
school, he or they, as the case may be, shall certify in writing 
under oath such fact to the county superintendent of his or 
their county, stating therein the rate of the levy for local 
tuition purposes on each one hundred dollars ($100), and 
the taxes on each taxable poll made for the supplementary 
tuition tax by such township or school town in the year imme- 
diately previous to the school year in which such deficiency 
occurs, or will occur ; also, stating the full amount received for 
tuition from each source, the names and number of teachers 
employed, the rate per diem paid them, the number of days 
each has taught and when he began teaching, and an esti- 
mate of the amount that will be necessary over and above the 
tuition revenue then on hand to complete such legal minimum 
term of all the public elementary schools in such school cor- 
poration, or the public commissioned or certified high school 
for a minimum term prescribed for holding a commission or 
certificate from the state board of education, or both. Said 
certificate shall be executed in duplicate. Said county super- 
intendent shall immediately examine such certificate, and if 
he shall find the facts stated therein to be true, and shall 
further find that such school corporation has levied the high- 



41 

est amount authorized by law for such school municipality as 
supplementary tuition tax for the year in which such defi- 
ciency will occur, he shall forward one (1) of such certificates 
to the State Superintendent of Public Instruction, together 
with the results of his examination, and with the name and 
postoffice address of such township trustee or the treasurer of 
such school corporation. 

Additional Revenue— How Obtained. 

Sec. 4. That section 1 of the second above entitled act be 
amended to read as follows : Section 1. That section 5 of an 
act entitled "An act providing for the levy of an annual tax 
for a state common school tuition fund, and providing for its 
apportionment and distribution, and declaring an emergency," 
approved February 24, 1905, be and is hereby amended to 
read as follows : Section 5. Upon receipt of such statement 
from the county superintendent, the said Superintendent of 
Public Instruction shall issue an order on the Auditor of State 
in favor of such school corporation, if there be funds in the 
state treasury available for that purpose, for the amount nec- 
essary to bring the school term of said township or school cor- 
poration up to the minimum legal term; or the high school up 
to therterm prescribed- for holding a commission or certificate 
specifying the name of the trustee of such township, or the 
treasurer of said town, and his postoffice address. And the 
Auditor of State shall at once draw a warrant on the Treas- 
urer of State, payable out of the fund provided for in section 
3 of this act in favor of said township or town, payable to the 
trustee of such township or treasurer of such town, and mail 
the same to him : Provided, No such township trustee or treas- 
urer of such school town shall be entitled to draw or receive 
the funds provided in this act unless said township trustee or 
school board of trustees has levied a local tuition tax of at 
least fifty cents (50c) on one hundred dollars ($100) of tax- 
able property in such township or school town : and, Provid- 
ing, That where any school trustee or corporation is maintain- 
ing a seven (7) months' term of school and finds the amount 
of tuition revenue insufficient for such purpose, such trustee 
or the treasurer of such school corporation shall be entitled to 
draw or receive the funds provided in this act in the event 
only such trustee or school board has levied a local tuition tax 
of not less than sixty cents (60c) on one hundred dollars 



42 

($100) of taxable property in such township or school town; 
and Providing, That where any such trustee or corporation 
is maintaining the required minimum term for the public com- 
missioned or certified high school, and finds the amount of 
revenue insufficient for such purpose, such trustee or the treas- 
urer of such school corporation shall be entitled to draw or 
receive the funds provided in this act in the event only such 
trustee or school board has levied a local tuition tax of not 
less than seventy-five cents (75c) on each one hundred dol- 
lars ($100) of taxable property in such town or township or 
school town :* and Providing, That said school trustee or treas- 
urer of school corporation shall be entitled to draw or receive 
the funds provided in this act in the event only there is only 
one (1) high school maintained by said township or school 
corporation, and that said high school meets all requirements 
prescribed for holding a commission or certificate from the 
state board of education. 

Funds — How Expended. 

Sec. 5. That section 6 of the first above entitled act be 
amended to read as follows: Section 6. Said township trus- 
tee or school board of trustees shall use the amount so received 
from the state either for the payment of the salaries of ele- 
mentary school teachers employed in his township or their 
town to enable him or them to maintain schools therein for 
the full term as required by law during the year for which it 
was received, or the high school teachers for the minimum 
term required for holding a commission or certificate, or both, 
and shall use it for no other purpose. 



AN ACT to amend sections 1, 2, 3, 6, 8, 11, 13, 14 and 16 of an act en- 
titled "An act to provide for the encouragement, maintenance and 
supervision of vocational education in industries, agriculture and 
domestic science," approved February 22, 1913. 

[Acts of 1919, p. 596.3 

Defining Vocational Education. 

Section 1. Be it enacted by the General Assernbly of the 
State of Indiana, That section 1 of the above entitled act be 
amended to read as follows : Section 1. 1. "Vocational edu- 



43 

cation" shall mean any education, the controlling purpose of 
which is to fit for profitable employment. 

2. "Industrial education" shall mean that form of voca- 
tional education which fits for the trades, crafts and wage- 
earning pursuits, including the occupation of girls and women 
carried on in stores, work-shops and other establishments. 

8. "Agricultural education" shall mean that form of voca- 
tional education which fits for the occupations connected with 
the tillage of the soil, the care of domestic animals, forestry, 
and other wage-earning or productive work on the farm. 

4. "Home economics" education shall mean that form of 
vocational education which fits for occupations connected with 
the household. 

5. "Industrial, agricultural or home economics school or 
department" shall mean an organization of courses, pupils and 
teachers designed to give either industrial, agricultural or 
home economics as herein defined, under a separate director 
or head. 

6. "Approved industrial, agricultural or home economics 
school or department" shall mean an organization under a sep- 
arate director or head, of courses, pupils and teachers ap- 
proved by the State Board of Education designed to give 
either industrial, agricultural or home economics education as 
herein defined. 

7. "Evening class" in an industrial, agricultural or home 
economics school or department shall mean a class giving such 
training as can be taken by persons already employed during 
the working day, and which in order to be called vocational 
must in its instruction deal with the subject matter of the 
day employment, and be so carried on as to relate to the day 
employment; but evening classes in home economics relating 
to the home shall be open to all women over sixteen who are 
employed in any capacity during the day. 

"Part-time classes" in an industrial, agricultural, or home 
economics school or department, shall mean classes for per- 
sons over fourteen years of age giving a part of their working 
time to profitable employment and receiving, in the part-time 
school or department, instruction complementary to the prac- 
tical work carried on in such employment or instruction in 
subjects given to enlarge civic or vocational intelligence or 



44 

instruction in trade preparation subjects. To give a part of 
their working time such persons must give a part of each day, 
week, or longer period to such part-time class during the 
period in which it is in session. 

Establishment of Vocational Schools. 

Sec. 2. That section 2 of the above entitled act be amended 
to read as follows: Section 2. Any school city, town or town- 
ship may through its board of school trustees or school com- 
missioners or township trustee, establish vocational schools 
or departments for industrial, agricultural and home eco- 
nomics education in the manner approved by the State Board 
of Education and may maintain the same from the common 
school funds or from a special tax levy not to exceed 10 cents 
on each $100 of taxable property, or partly from the common 
school funds and partly from such tax. 

Part Time and Evening Classes. 

Sec. 3. That section 3 of the above entitled act be amended 
to read as follows : Section 3. In order that instruction in 
the principles and practice of the arts may go on together, 
vocational schools and departments for industrial, agricul- 
tural and home economics education may offer instruction in 
day, part-time and evening classes. Such instruction shall be 
of less than college grade and be designed to meet the voca- 
tional needs of persons over 14 years of age who are able to 
profit by the instruction offered. Attendance upon such day 
or part-time classes shall be restricted to persons over 14 
years of age; and upon such evening classes to persons over 
16 years of age. 

State Board of Education to Co-operate. 

Sec. 4. That section 6 of the above entitled act be amended 
to read as follows : Section 6. The State Board of Education 
is hereby authorized and directed to investigate and to aid in 
the introduction of industrial, agricultural and home eco- 
nomics education, to aid cities, towns and townships to initiate 
and superintend the establishment and maintenance of schools 
and departments for the aforesaid forms of education, to aid 
in establishing and maintaining vocational teacher training 
classes; and to supervise and approve such schools and de- 
partments and classes as herein provided. The State Board 



45 

of Education shall make a report annually not later than Sep- 
tember 1st to the governor and biennially to the General As- 
sembly describing the conditions and progress of vocational 
teacher training, industrial, agricultural and home economics 
education, accounting from reports made annually not later 
than August 15th by the custodian of the state and federal 
vocational education funds for all monies received and ex- 
pended from state and federal vocational education funds, and 
making such recommendations as they may deem advisable 
for the proper promotion of the work. 

State Director of Vocational Education — Assistants. 

Sec. 5. That section 8 of the above entitled act be amended 
to read as follows: Section 8. The State Superintendent of 
Public Instruction, with the advice and approval of the State 
Board of Education, shall appoint a state director of voca- 
tional education who shall act under the direction of the State 
Board of Education and the State Superintendent of Public 
Instruction in carrying out the provisions of the state and 
federal vocational education acts. The salary and term of 
office of such director shall be fixed by the board and he shall 
be removable by the board only for cause. 

In like manner such assistants to the vocational director 
may be appointed as are required to carry out the provisions 
of the state and federal vocational acts. 

The State Superintendent, with the approval of the State 
Board of Education, is authorized to co-operate with Purdue 
University in the appointment of some person actively con- 
nected with the agricultural extension work at Purdue as an 
agent in supervising agricultural education, who shall serve 
in a dual capacity as an agent of the State Superintendent 
and an assistant at Purdue University. Such person shall be 
subject to removal for cause by the State Board of Education. 

All expenses incurred in the discharge of their duties by 
the directors, assistants and agents shall be paid by the state 
from funds provided for in this act. 

May Compel Attendance. 

Sec. 6. That section 11 of the above entitled act be amended 
to read as follows: Section 11. In case the board of edu- 
cation or township trustee of any city, town or township have 
established approved vocational schools for the instruction, in 



46 

part-time classes, of youths over 14 years of age who are 
engaged in regular employment, and have formally accepted 
the provisions of this section, such board or trustee are au- 
thorized to require all youths between the ages specified by 
the school attendance laws of the state who are regularly em- 
ployed to attend part-time school not less than four hours per 
week between the hours of 8 a. m. and 5 p. m. during the 
school term. 

Approved Vocational Schools or Departments. 

Sec. 7. That section 13 of the above entitled act be amended 
to read as follows : Section 13. Vocational schools or depart- 
ments for industrial, agricultural and home economics educa- 
tion shall so long as they are approved by the State Board of 
Education as to organization, buildings, location, equipment, 
courses of study, qualifications of teachers, length of term, 
methods of instruction, conditions of admission, employment 
of pupils and expenditures of money, constitute approved vo- 
cational schools or departments. School cities and towns and 
townships maintaining such approved vocational school shall 
receive reimbursement as provided in this act. 

Payments to School Cities, Towns and Townships. 

Sec. 8. That section 14 of the above entitled act be amended 
to read as follows : Section 14. The state, in order to aid 
in the maintenance of approved vocational schools or depart- 
ments for industrial, agricultural and home economics educa- 
tion, shall, as provided in this act, pay annually after June 
30, 1919, to school cities and towns and townships maintain- 
ing such schools and departments an amount equal to one-half 
of the sum expended for instruction in vocational and tech- 
nical subjects authorized and approved by the State Board 
of Education. Such cost of instruction shall consist of the 
total amount raised by local taxation and expended for the 
teachers of approved vocational and technical subjects. School 
cities and towns and townships that have paid claims for tui- 
tion in approved vocational schools shall be reimbursed by 
the state as provided in this act, to the extent of one-half the 
sums expended by such school cities and towns and townships 
in payment of such claims. 



47 

Levy of Tax. 

Sec. 9. That section 16 of the above entitled act be amended 
to read as follows: Section 16. To provide a state fund to 
carry out the provisions of this act, there shall be levied an- 
nually as a part of the state common school levy an additional 
levy of one-half cent on each one hundred dollars of taxable 
property in the state, which shall constitute a fund for the 
purposes of this act. Any part of the fund now remaining 
or remaining at the close of any fiscal year shall be placed 
by a committee consisting of the State Superintendent of 
Public Instruction, the State Vocational Director, the Chair- 
man of the Vocational Committee of the State Board of Edu- 
cation and the Treasurer of State in a fund for vocational 
education, which shall be properly invested by this committee 
and used together with the proceeds therefrom to aid in carry- 
ing out the provisions of this act. 



A JOINT RESOLUTION to amend section eight (8) of article eight 
(VIII) of the Constitution of the State of Indiana, relating to the 
office of State Superintendent of Public Instruction. 

[Acts of 1919, p. 859.] 

Amendment to Constitution. 

Section 1. Be it resolved by the General Assembly of the 
State of Indiana, That the following amendment to the Con- 
stitution of the State of Indiana is hereby proposed and agreed 
to by this the seventy-first (71st) General Assembly of the 
State of Indiana, and is referred to the next General Assembly 
of the state for reconsideration and agreement. 

Appointment of State Superintendent of Public Instruction. 

Sec. 2. That section eight (8) of article eight (VIII) of 
the Constitution of the State of Indiana be amended to read 
as follows: Section 8. The General Assembly shall provide 
for the appointment of a state superintendent of public in- 
struction, whose term of office, duties and compensation shall 
be prescribed by law : Provided, That any state superintend- 
ent of public instruction elected prior to or at the time of the 
ratification of this amendment, shall serve out the term for 
which he shall have been elected. 



48 



EXTRACTS FROM RECENT COURT DECISIONS. 

1. Abandoned Schools — Re-Established. The amendment 
of 1909 to Sec. 6422, Burns' R. S. 1914, the same being Sec. 
271c Indiana School Laws, provides that where a majority 
of the patrons petition for the reopening of "any school here- 
tofore abandoned" it shall be re-established. In the case of 
Frost v. State, 181 Ind. 581 ; 105 N. E. 51, it was held that 
the amendment had reference only to schools abandoned be- 
fore the passage of said amendment; that the re-establish- 
ment, on petition of the patrons, of a school abandoned in 
1911 after said amendment was passed, on the ground that 
the average daily attendance did not exceed twelve, was dis- 
cretionary with the township trustee. 

2. Abandonment of a School District. Sections 6420 and 
6421 Burns' R. S. 1914, the same being Sections 271b and 
271a, respectively, of the Indiana School Law, are to be con- 
strued together in determining under what conditions dis- 
trict schools shall be abandoned and central schools built. 
State v. Graham, 183 Ind. 53. 

3. Enumeration of School Children. Under Sec. 6447 
Burns' R. S. 1914, the same being Sec. 89 Indiana School 
Law, the residence of children of school age determines the 
school district to which they are attached even though they 
are not enumerated therein. Greenlee v. Newton Twp., 55 
App. 630 ; 104 N. E. 610. 

4. School Lands—Use for School Purposes. A grant of 
land to the trustees of a school district in consideration of the 
benefit of the school for "so long as the same is used for school 
purposes" conveys a title upon a condition. An abandonment 
of the school will work a defeasance of the title to the land 
even though such abandonment was wrongful and without 
warrant of law. Fall Creek Twp. v. Shuman, 55 App. 232; 
103 N. E. 677. 

5. School Buildings— Location. Section 6410 Burns' R. S. 
1914, being Sec. 75 Indiana School Laws, makes it the duty 
of school trustees to provide necessary school buildings, and 
the proper remedy for one objecting to the erection of a 
school house on an existing site is by appeal to the county 



49 

superintendent. Glendenning v. Cowan, 59 Ind. App. 529 ; 
109 N. E. 844. 

6. School Fund. Section 184 Burns' R. S. 1914, being Chap- 
ter 3 Indiana School Laws, the same being Sec. 3 of Article 
VIII of the Constitution of Indiana, forbidding the diminu- 
tion of the common school fund, applies to the principle and 
not to the use of the interest on the fund. The latter must be 
expended for the use of the common schools according to Sec. 
6407 Burns' R. S. 1914. State v. Blind, 181 Ind. 689; 105 
N. E. 225. 

7. Transportation. Where, under the provisions of Sec. 
6423 Burns' R. S. 1914, the same being Chapter 271m Indiana 
School Laws, a parent has transported his children from an 
abandoned school district to the school to which they were 
transferred under a verbal contract with the township trustee, 
the contract being silent as to the amount he should receive, 
he can recover for what his services were reasonably worth. 
Greenlee v. Newton School Twp., 55 App. 630 ; 104 N. E. 610. 

8. School Buildings — Location. The act of 1911 (being 
Sec. 6616a Burns' R. S. 1914), Acts 1911 page 118, as 
amended Acts 1913 page 605, regulating the location of sites 
and buildings for school purposes, applies only to sites ac- 
quired after its enactment and does not prohibit the erection 
of school buildings on locations acquired prior thereto. Tem- 
ple v. State, 185 Ind. 139 ; 113 N. E. 233. 

9. Sehoolhouse— -Changing Site. Section 6417 Burns' R. S. 
1914, being Chapter 187 Indiana School Law, which provides 
that a petition for the re-location of a school building shall be 
signed by a majority of the patrons of a school, applies only 
to the relocation of district schools. It is not necessary for a 
majority of patrons of a high school to join with a trustee in 
a petition to determine the location of a high school building. 
It is within the discretionary power of a township trustee to 
change the site of a high school building even though the site 
be selected for a joint elementary and high school building. 
Parker v. Humbleet, 63 Ind. App. 281 ; 112 N. E. 253. 



50 



EXTRACTS FROM RECENT OPINIONS OF THE ATTOR- 
NEY-GENERAL. 

1. German — Prohibited in the Elementary Schools. School 
authorities are prohibited from teaching in the German lan- 
guage the catechism or other religious subjects or school sub- 
jects in public, private, or parochial schools in Indiana. (Opin- 
ion dated March 6, 1919, Attorney-General Stansbury.) 

2. German Prohibited in the High Schools. It is unlawful 
for school authorities to permit the teaching of German in the 
high schools of the state. (Opinion dated March 26, 1919, 
Attorney-General Stansbury. ) 

3. County Superintendents — Lack of Authority Over 
Township Schools Consolidated With Those of a Town or City 
of the Fifth Class. A county superintendent has no super- 
visory authority over any of the schools in a township which 
has consolidated its schools with those of a town or a city of 
the fifth class, pursuant to the Act of 1917, page 545, the 
same being Sections 258 to 266, inclusive, Indiana School 
Laws. This applies only after the consolidated school board 
has filed a written request that the supervision of the county 
superintendent be not extended to their schools. The trustee 
of the township that has consolidated its schools with a town 
or fifth-class city is, notwithstanding such consolidation, en- 
titled to sit with the township trustees of the county and vote 
on questions that pertain to affairs common to the township 
schools of the county. (Opinion dated March 29, 1919, Attor- 
ney-General Stansbury.) 

4. Agriculture — Supervision of During Summer School Va- 
cation. A township trustee is not authorized under the law 
to employ a teacher or other instructor to supervise agricul- 
tural work of school children on farms and in gardens during 
the summer school vacation. (Opinion dated December 5, 
1917, Attorney-General Stansbury.) 

Note. — This does not apply to the regular approved vocational agri- 
cultural work given under the direction of the State Board for Vocational 
Education. 

5. Paying Teachers for Legal Holidays. School trustees 
are not authorized to pay teachers for legal holidays unless 



51 

the schools are in session. (Opinion dated January 25, 1917, 
Attorney-General Stansbury.) 

6. Township Trustee — Teaching School. It is against pub- 
lic policy and therefore unlawful for a township trustee to 
act in the dual capacity of township trustee and teacher in the 
same township. Reference: Noble v. Davison, 177 Ind., p. 
19. (Opinion dated October 8, 1914, Attorney-General Ho- 
nan.)- 

7. Secret Societies. School authorities may lawfully sus- 
pend or expel pupils who persist in affiliating with secret so- 
cieties, fraternities or other similar organizations referred to 
in Section 170 Indiana School Laws, when such affiliation is 
in violation of the rules and regulations of the school board. 
(Opinion dated February 13, 1909, Attorney-General Bing- 
ham.) 

8. School Transfers. It is unlawful for school trustees to 
transfer pupils to any school other than a public school and 
use the public funds in paying therefor. (Opinion dated May 
25, 1917, Attorney-General Stansbury.) 



53 



INDEX 



ABANDONMENT OF SCHOOLS page 

in towns 23 

ACCREDITED SCHOOLS 6 

ANNEXED TERRITORY 

for school purposes, reimbursement for 35 

BONDS 

for school purposes 36 

COMMISSIONED HIGH SCHOOL 

subjects to be taught in 4 

CONSOLIDATED SCHOOL DISTRICTS : 28 

CONSOLIDATION 

of town and township schools 18 

COUNTY SUPERINTENDENTS 

salaries 12 

CONGRESSIONAL TOWNSHIP SCHOOL LANDS 20 

COUNTY HIGH SCHOOL BUILDING 17 

DEFICIENCY SCHOOL FUND 39 

ENGLISH 

elementary school subjects to be taught in English 3 

EXTRACTS FROM RECENT COURT DECISIONS 48, 49 

EXTRACTS FROM RECENT OPINIONS OF THE ATTORNEY 

GENERAL . . . . : 50, 51 

GERMAN 

forbidden in elementary schools 3 

forbidden in high schools 4 

HACK DRIVERS 

qualifications 11 

HIGH SCHOOLS 

county high school 17 

joint city and township high school 27 

joint high schools 25 

location of building 26 

township high school 25 

transfers to 17 

INCORPORATED TOWNS 

may assume indebtedness of school town 16 



54 

JOINT RESOLUTION page 

amending the constitution — relating to the office of State 

Superintendent of Public Instruction 47 

JOINT SCHOOL 

city and township high school 27 

JUNIOR HIGH SCHOOL 

course of study 15 

teachers in, qualifications 15 

transfers and admission to 16 

KINDERGARTENS 

establishment of 21 

LICENSE 

for teachers 7,8 

LIFE CERTIFICATES 

for teachers 6 

may be countersigned 10 

MINIMUM WAGES 

of teachers 5 

PHYSICAL EDUCATION 31 

SCHOOL DISTRICT 28 

SCHOOL BUILDINGS 

rebuilding 38 

SCHOOL CORPORATIONS 

to reimburse for annexed territory 35 

SCHOOL HACK 

unlawful to pass while unloading 13 

SCHOOL PROPERTY 

sale of 22 

SCHOOL REVENUE 

deficiency fund 39 

SCHOOL TOWN 16 

SCHOOL TRUSTEES 13 

STATE UNIVERSITY 

free contingent fees for students 14 

STATE BOARD OF HEALTH 

decisions of, subject to appeal , 20 

SUCCESS GRADE 

for teachers in late war 34 

TAXATION 

for county high school buildings 17 

for free kindergarten 22 

for supplementary tuition fund 38 



55 

TEACHERS page 

daily wages 5 

life certificates 8 

provisional certificates 7 

success grade for teachers of late war 34 

supervisor's certificate 8 

TEACHERS' TRAINING BOARD 

powers and duties 6 

TEACHERS' TRAINING COURSES 

supervisor to be appointed for 9 

TRANSFERS 

for pupils 11 

to high schools 17 

TRANSPORTATION 

expenses for, how paid 12 

of school children 11 

TUITION FUND 

deficiency fund 39 

supplementary tuition fund 38 

VOCATIONAL EDUCATION 42 



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